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(영문) 인천지방법원 2019.10.30 2019고단5340
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[Criminal Justice] On May 17, 2017, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. at the branch court of Suwon District Court on May 17, 2017 and completed the execution of the sentence on December 14, 2017.

【Criminal Facts】

When the defendant receives a muster notice as a person eligible for social work personnel, he/she shall comply with the convocation within three days from the call.

Nevertheless, around April 10, 2019, the Defendant, at the residence of the Defendant of the Seo-gu Incheon Seo-gu building C, and “The Army Training Center called as the Army Training Center in May 2, 2019,” did not comply with the call without justifiable grounds by not later than three days after receipt of the call notice under the name of the head of the Incheon Military Manpower Branch Office.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The head of accusation, call-up notice for social work personnel, and details of registration;

1. Investigation report (No. 8) and notice of call-up to social work personnel;

1. Forwarding of the certificate of release, the certificate of release, and the application of statutes regarding criminal records;

1. Article 88 (1) 2 of the relevant Act on criminal facts;

1. According to the reasons for sentencing Article 35 of the Criminal Act among repeated offenders, the sentence identical to the order shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and method of the instant crime, and circumstances after the crime was committed.

In light of the circumstances, contents, etc. of the crime of this case, the defendant's liability is not less and more favorable circumstances such as the crime committed during the period of repeated crime: The defendant's recognition of the crime of this case and the completion of social service in good faith, etc.

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